New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-18
Ia WYERS AT SARATOGA.
THE AMERICAN BAR ASSOCIATION
PAPERS READ BEFORE THE TrNrH ANNUAL SESSION


Ell
SARATOGA. Aug II 'Speciat,.-The tenth annual meet
ing OF the American Bar Association assembled in Put
nam Hall to-day, with 200 lawyers present as well
as number of ladies' The meeting formally opened
ana u &. Bonney, OF Chicago, introduced Thomas j.
oemmes, OF New Orleans, who delivered the
presidents address Mr.. semmes gave
able review OF the changes in state legislation
during the past year and spoke OF nearly every npor
tan act that had been passed by the Legislatures OF
twenty States which held sessions since the last
meeting OF the Bar Association. The speech lasted two
hours and half and was lste ned to attenvely by all
present 1t showed careful and exhaustive examn
of the subject. Speaking of Vermont, he said:
must pay tribute to the memory of distinguished
son of Vermont who OF the founders
citation and from its organization chairman
Executive Committee. Luke p. Poland. who died sud
denly July 2, was born in 1918, and at the early
age OF thirty-three elected by the Legislature
of Vermont TO the supreme Court. position he held for
seventeen years. He was made Chief Justice In 1850,
was United States Senator from November, 1865. to
March, lS67 frequently member of Congress- and
his career in the House of Representatives was disin-
guished by tho fidelity and ability which characterized
his life Always active and earnest in discharge OF his
duty whether counsel judge Senator Representative
member OF State Legislature Regent OF tie Smithsonian
Institution Trustee of the University OF Nermont in
all relations lie eminent because he was man OF
originality aud thought That dgnihed earnestness
of character did not chill nature or cast shadow
over social me- Tor he was genial gentleman; rcn ID
conversation aud humOr. On his tomb should be ln-
scrbed the well known line OF Horace: JuSam &C fe"a
conclusion" said the speaker "I think that this
review OF legislation will give you very correct idea OF
the legal profession in directing that tendency The
effort repress crime and anxiety and ameiorae the
and children and the energy OF log
the evils of the day nevertheless strengthen
dence In Democratic nsti utoDs and Increase the res
pcoi for intelligence and virtue OF American people"
fe he a q M
her, elected including John McCook. New-iork;
Orleans; Hiram P Dillon. Kansa. Harvey p Hurd.
Chicago George R r; young ONO; Peter Lnesner'
The General Council was then elected and included
johnson T. Plat, Connecticut; Henry G. Semple Ala
ingIon; R G. yenablc. Maryland r B. Benedict, New
York Richard sS Han1 fsn 1s Nicholas Van
The meeting then adjourned until $50, when Henry
Essee ii ES RT Of
Qualifying tsis Principle Mr., Jafs'ons paper was as
surapce coatrsct to the present day the principle |
of indemnity, not gain has been Of its very es-
would have met early death at the hands OF legs
lative bodies or courts. as coming within that
which all the machinery of has been brought
TO bear third mat the Valued o 6 b ea
attached 20 the property at the instance OF the
insurer such value was only prime tacie bind
recently used was an an exceptional form OF con
tract wnich itself have been entered into solely for
the purpose of indemnity. but which permitted margin
of possible but not anticipated profit 10 the assured
hist instance and with no view to any
benefit oher than protection In England valued poll
cos are rarely used except in marine insurance 20 far
insurance Of buildings Is concerned advocates OF
demnity in case OF tota destruction shall he liked be
the bss, not after Especially do they urge THIS
.ut also make the value upon which PREMIUM col
leced the that upon which loss !. paid.
but careful consideration will demonstrate that as
general rule Of action it is entirely impractoahle
nj nc
shall gain 10y his loss Theoretically the
proposed Innovation would seem logical hnt
he readily ascerjained that It will destroy the
possfbty OF that very indemnity which proposes
secure because Insurers will necessarily be compelled
to leave large margin and me resulting os'
the innocent and honest Will be out Of all proportion
to the slight bebeht anticipated
Tho missing INK" said the speaker. Z" in the logic
which den change is that wnat NAV be indemnify
TO day may not possibly will DO year
hence aud PROBABLY wi! not be I'VE years
that change which time is necessarily working, be
combined ascertain the value that human foresight Is
ever upon buildings any gwen tiine IN future"
He attributed this tendency 10 hostile legislation against
Insurance companies 10 the TACT That In ms country
there have been constantly at Work on parallel lines for
trary power Of accumulated capital the other the
ever increasing force OF free pc pie daily becom.
reserve to tkem5clyes every right and power 10
winch they entitled by virtue OF Institutions under
Bile conflict occasionally bcget extreme and unwarran
able action from hrst one and then the other Ire
allowing general agents and managers percentage
gross pre- received and pohts made their
Territory results In appreciang values upon which
premiums collected aud deprecatthg hose upon
which losses TO bc paid also. 10 profits
~ by companies as shown by dividends,
surpluses reserves III receiving pre-
uimus values which repudaicd IN case
OF loss lie argued that the evils complained OF did not
warrant tho remedy proposed First because partOOk
OF " palerDsl" Government, which was contrary 10
Amercan Institutions Second because 1t Increased the
rate OF premium which would result from the increased
enpense doing under the Valued Policy law
fc,ung from he lar rginwhlch must be
uninsured would Tailor the honest aud innocegt
third because emasculated the only defence which
was OF practical benefit before jurors
tie closed follows: . From the origin OF insurance
the present day whether We are Indebted Tor IL
Phtrbicans, Cafha2snaus, Greeks. Romans. Jews,
IombaTds or VoBetian~ whether II belongs TO an age
first known IN the thirteenth centu
~; indemnity, compensation Tor loss sustained, mas
been of very Of contract. From the auspi
cous moment Of the birth OF this lawfully begOtten
child Of peace, commerce aud CIVILIZATION II /
was the principle of indemnify. not speculative
gain. which sont tho rich young blood bombing
veins II In It's youth 1t guarded white fleets
which sailed the Indian, Pacific and Atlantic Oceans
laden with the wealth and energy OF man as IN Infancy
II held Its protecting eHs over the commerce OF tho
Aisean aud EuIne Seas, 1t
was INSPIRATION And now. Ia its fun maturity when
where benccent Influence is not felt spare IL from
bvoi and sub ,titute therefor poisonous nhd which
ltpaN hTn ~ lnlE HlaE and